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Tag: Sai Prasad Media Pvt Ltd

  • TDSAT rejects MSO Honey Sky Vision’s petition against Sai Media

    TDSAT rejects MSO Honey Sky Vision’s petition against Sai Media

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has rejected a petition by multisystem operator seeking to recover Rs 10.5 lakh from Sai Prasad Media Pvt Ltd which broadcasts ‘News Express’ amongst others.

    Chairman justice Aftab Alam and member B B Srivastava said: “We find that the whole exercise of execution of channel placement agreement and subsequent behaviour of petitioner as well as the respondent is completely opaque and ambiguous to say the least and hence non-maintainable.”

    The petitioner had failed to produce any invoice which it might have raised or any authentic statement of accounts.

    Meanwhile, Sai Media had filed an affidavit stating it had paid three-fourths of the amount due but produced a document. The tribunal felt its “authenticity was doubtful”.

    The case of the petitioner had been that it had executed a placement agreement with Sai Media at the behest of the respondent for a period of 12 months beginning from 28 July 2012 and terminating on 27 July 2012.  The consideration money was Rs 14 lakhs plus service tax; and it was payable in four equal installments. In consideration of this amount the petitioner was supposed to place the respondent’s channel ‘News Express’ on ‘S’ band.  The petitioner has stated that it complied with all its obligations.under the channel placement agreement by carrying/placing the channel of the respondent at the desired frequency/band to the complete satisfaction of the respondent. It is also stated that the representatives/officials of the respondent company regularly visited the network/units of the petitioner in various• areas of Delhi.

  • TDSAT rejects MSO Honey Sky Vision’s petition against Sai Media

    TDSAT rejects MSO Honey Sky Vision’s petition against Sai Media

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has rejected a petition by multisystem operator seeking to recover Rs 10.5 lakh from Sai Prasad Media Pvt Ltd which broadcasts ‘News Express’ amongst others.

    Chairman justice Aftab Alam and member B B Srivastava said: “We find that the whole exercise of execution of channel placement agreement and subsequent behaviour of petitioner as well as the respondent is completely opaque and ambiguous to say the least and hence non-maintainable.”

    The petitioner had failed to produce any invoice which it might have raised or any authentic statement of accounts.

    Meanwhile, Sai Media had filed an affidavit stating it had paid three-fourths of the amount due but produced a document. The tribunal felt its “authenticity was doubtful”.

    The case of the petitioner had been that it had executed a placement agreement with Sai Media at the behest of the respondent for a period of 12 months beginning from 28 July 2012 and terminating on 27 July 2012.  The consideration money was Rs 14 lakhs plus service tax; and it was payable in four equal installments. In consideration of this amount the petitioner was supposed to place the respondent’s channel ‘News Express’ on ‘S’ band.  The petitioner has stated that it complied with all its obligations.under the channel placement agreement by carrying/placing the channel of the respondent at the desired frequency/band to the complete satisfaction of the respondent. It is also stated that the representatives/officials of the respondent company regularly visited the network/units of the petitioner in various• areas of Delhi.

  • TDSAT: Sai Prasad Media to pay UCN Cable Rs 67 lakh with 8% interest

    TDSAT: Sai Prasad Media to pay UCN Cable Rs 67 lakh with 8% interest

    NEW DELHI: Sai Prasad Media Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay to UCN Cable Network Pvt Ltd a sum of Rs 67,21,500 with interest at the rate of 8 percent from 28 August 2015 till date of payment for carrying the News Express channel on its network.

    Chairman Justice Aftab Alam and member B B Srivastava, who heard the matter ex parte as Sai Prasad Media did not put in an appearance, came to their judgment on the basis of the documents presented and the lone witness examined.

    The tribunal said: “In view of the facts and circumstances as well as documents and evidences available in support of petitioner’s claim, as well as consistent refusal on the part of respondent to present its  case by way of nonappearance,  we find  and hold that the agreement has been acted upon by both sides; albeit  only partially by the respondent.”

    While UCN Cable had demanded interest at 24 per cent, the Tribunal confined it to 8 per cent but said the payment has to be made within eight weeks.

    The petitioner said it had entered into an agreement dated 29 October 2012 with the respondent for the period 1 August to mid-.2013 for carrying the latter’s channel News Express on its network. According to the petitioner, a fresh agreement dated 14 June 2014 was again executed between the petitioner and the respondent for the period 1 April 2014 to 31 March 2015. The consideration money for placement of the news channel (News Express) was Rs 75 lakh excluding applicable service tax.

    UCN says it carried the channels from its network and placed them on the desired frequency as mentioned in the agreement; and raised regular invoices upon the respondent. However, the respondent in breach of the terms of the agreement did not make payment of the agreed amount; and the total outstanding as on 31 March 2015 amounted to Rs 67,21,500. The petitioner has also submitted that under the previous agreement as well, Sai Prasad Media had defaulted to the extent of Rs.93,63,328 due and payable to the petitioner till 31 March 2014.

    It has been stated that only in pursuance of a notice of 5 March 2014, Sai Prasad Media made a payment of Rs 90,55,038 on 7 April 2014. However, no payment was received from Sai Prasad Media thereafter. It has been stated that another notice dated 18 March 2015 was served upon the respondent for payment of Rs 67,21,500.

    The sole witness on behalf of the petitioner Amit Aggarwal, working as manager, Legal in the petitioner company submitted his evidence through affidavit and he has formally proved the documents annexed with the petition. Aggarwal was examined by the Advocate Commissioner and his evidence has been taken on record.

  • TDSAT: Sai Prasad Media to pay UCN Cable Rs 67 lakh with 8% interest

    TDSAT: Sai Prasad Media to pay UCN Cable Rs 67 lakh with 8% interest

    NEW DELHI: Sai Prasad Media Pvt Ltd has been asked by the Telecom Disputes Settlement and Appellate Tribunal to pay to UCN Cable Network Pvt Ltd a sum of Rs 67,21,500 with interest at the rate of 8 percent from 28 August 2015 till date of payment for carrying the News Express channel on its network.

    Chairman Justice Aftab Alam and member B B Srivastava, who heard the matter ex parte as Sai Prasad Media did not put in an appearance, came to their judgment on the basis of the documents presented and the lone witness examined.

    The tribunal said: “In view of the facts and circumstances as well as documents and evidences available in support of petitioner’s claim, as well as consistent refusal on the part of respondent to present its  case by way of nonappearance,  we find  and hold that the agreement has been acted upon by both sides; albeit  only partially by the respondent.”

    While UCN Cable had demanded interest at 24 per cent, the Tribunal confined it to 8 per cent but said the payment has to be made within eight weeks.

    The petitioner said it had entered into an agreement dated 29 October 2012 with the respondent for the period 1 August to mid-.2013 for carrying the latter’s channel News Express on its network. According to the petitioner, a fresh agreement dated 14 June 2014 was again executed between the petitioner and the respondent for the period 1 April 2014 to 31 March 2015. The consideration money for placement of the news channel (News Express) was Rs 75 lakh excluding applicable service tax.

    UCN says it carried the channels from its network and placed them on the desired frequency as mentioned in the agreement; and raised regular invoices upon the respondent. However, the respondent in breach of the terms of the agreement did not make payment of the agreed amount; and the total outstanding as on 31 March 2015 amounted to Rs 67,21,500. The petitioner has also submitted that under the previous agreement as well, Sai Prasad Media had defaulted to the extent of Rs.93,63,328 due and payable to the petitioner till 31 March 2014.

    It has been stated that only in pursuance of a notice of 5 March 2014, Sai Prasad Media made a payment of Rs 90,55,038 on 7 April 2014. However, no payment was received from Sai Prasad Media thereafter. It has been stated that another notice dated 18 March 2015 was served upon the respondent for payment of Rs 67,21,500.

    The sole witness on behalf of the petitioner Amit Aggarwal, working as manager, Legal in the petitioner company submitted his evidence through affidavit and he has formally proved the documents annexed with the petition. Aggarwal was examined by the Advocate Commissioner and his evidence has been taken on record.

  • Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has partially allowed a petition by MSO Digicable Network (India) Pvt. Ltd claiming analogue placement charges from Sai Prasad Media Pvt. Ltd which own the News Express Channel for a sum of Rs 63,03,058.

    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the amount will carry interest at 18 per cent from the date of filing of the petition till the date of realization. The office was directed to make a decree accordingly. The Tribunal turned down the petition in so far as it related to the areas that came under digital addressable system   

    However, the Tribunal said, “We find it difficult to hold that the petitioner was able to fully discharge its obligations under the digital placement agreement dated 16 July 2012 for the areas of Delhi, Uttar Pradesh, and Maharashtra. The Tribunal said that it is not possible to divide the amount of the placement charges from the invoices and the statement of account under the digital placement agreement and to allow the petitioner’s claim for the rest of the areas. It is, therefore, not possible to allow the petitioner’s claim under the digital placement agreement and the claim in so far it relates to the agreement dated 16 July 2012 must fail.

    On the petitioner’s claim that the towns of UP were still to come under the digital addressable system regime and there could be no agreement for transmission of channel in those towns in digital mode, the Tribunal said” “There is no law that prevents digital transmission in areas where the digital regime is yet to be implemented in terms of the notification issued by the Central Government.”

    Digicable had filed the petition for recovery of Rs 2,73,39,000 as dues of channel placement charges from Sai Prasad Media Pvt. Ltd for carrying its channel News Express on its digital as well as analogue cable TV networks. The amount was claimed along with interest at the rate of 18 per cent per annum from the date the payment was due up to the date of payment.

    The claim of the petitioner was based on two channel placement agreements. The first one was in respect of areas where Digicable had a digital cable network. This agreement was executed on 16 July 2012 for the period 16 July 2012 to 15 July 2013. The second agreement was for certain areas where Digicable was doing transmission in analogue mode and was executed on 09 August 2012 for the period 9 August 2012 to 8 August 2013.

  • Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    Digicable plea for placement fee from News Express allowed for analogue areas only: TDSAT

    New Delhi: The Telecom Disputes Settlement and Appellate Tribunal has partially allowed a petition by MSO Digicable Network (India) Pvt. Ltd claiming analogue placement charges from Sai Prasad Media Pvt. Ltd which own the News Express Channel for a sum of Rs 63,03,058.

    Chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the amount will carry interest at 18 per cent from the date of filing of the petition till the date of realization. The office was directed to make a decree accordingly. The Tribunal turned down the petition in so far as it related to the areas that came under digital addressable system   

    However, the Tribunal said, “We find it difficult to hold that the petitioner was able to fully discharge its obligations under the digital placement agreement dated 16 July 2012 for the areas of Delhi, Uttar Pradesh, and Maharashtra. The Tribunal said that it is not possible to divide the amount of the placement charges from the invoices and the statement of account under the digital placement agreement and to allow the petitioner’s claim for the rest of the areas. It is, therefore, not possible to allow the petitioner’s claim under the digital placement agreement and the claim in so far it relates to the agreement dated 16 July 2012 must fail.

    On the petitioner’s claim that the towns of UP were still to come under the digital addressable system regime and there could be no agreement for transmission of channel in those towns in digital mode, the Tribunal said” “There is no law that prevents digital transmission in areas where the digital regime is yet to be implemented in terms of the notification issued by the Central Government.”

    Digicable had filed the petition for recovery of Rs 2,73,39,000 as dues of channel placement charges from Sai Prasad Media Pvt. Ltd for carrying its channel News Express on its digital as well as analogue cable TV networks. The amount was claimed along with interest at the rate of 18 per cent per annum from the date the payment was due up to the date of payment.

    The claim of the petitioner was based on two channel placement agreements. The first one was in respect of areas where Digicable had a digital cable network. This agreement was executed on 16 July 2012 for the period 16 July 2012 to 15 July 2013. The second agreement was for certain areas where Digicable was doing transmission in analogue mode and was executed on 09 August 2012 for the period 9 August 2012 to 8 August 2013.